HEALTHCARE SERVICES
45
PART 5
ENFORCEMENT AND MONITORING COMPLIANCE
Power to obtain information
36.—(1) The Director or an authorised officer may by notice require any licensee to provide, within a reasonable period or at the time or frequency, and in the form and manner, specified in the notice, all documents and information which—
- (a) relate to any matter which the Director considers necessary to carry out the Director’s functions or duties under this Act; and
- (b) are—
- (i) within the knowledge of that licensee; or
- (ii) in the licensee’s custody or under the licensee’s control.
(2) The power to require a licensee to provide any document or information under subsection (1) includes the power—
- (a) to require that licensee, or any individual who is or was an officer or employee of the licensee, to provide an explanation of the document or information;
- (b) if the document or information is not provided, to require that licensee or individual to state, to the best of the licensee’s or individual’s knowledge and belief, where it is and how it may be obtained; and
- (c) if the information is recorded otherwise than in legible form, to require the information to be made available to the Director in legible form.
(3) A person that, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
